JOINT RELEASE: Bills to Improve Treatment for People with Behavioral Health Disorders in the Criminal Justice System Advance
DENVER, CO – The bipartisan Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems Interim Committee today advanced bills to improve health outcomes for Coloradans. This includes bills to streamline juvenile justice services and support for Coloradans with behavioral health care needs in jail and those experiencing a mental health crisis.
“Coloradans seeking help deserve well-resourced and widely available care,” said Chair Dafna Michaelson Jenet, D-Commerce City, sponsor of Bills 1, 4, 5. “I’m proud to sponsor legislation that will improve services for Coloradans in the juvenile justice system, provide behavioral health supports for people incarcerated in jails, and ensure Coloradans deemed incompetent by the judicial system have access to the behavioral health resources they need. These are all important ways we can support some of our most vulnerable Coloradans and equip them with the resources they need to heal.”
“We know the criminal justice system can only exacerbate mental health crises, and these bills aim to intervene and provide Coloradans with the behavioral health care they need,” said Vice Chair Rep. Judy Amabile, D-Boulder, sponsor of Bill 2. “The bills we advanced today work to streamline behavioral health care services, treatment, and support to those who need it the most, including juveniles and those considered incompetent. Healing and recovery is not possible without proper treatment and these bills work to improve access, build confidence in our justice system, and hopefully improve outcomes for those in our criminal justice systems.”
“Too often, Coloradans in the criminal justice system who seek out behavioral health support are woefully underserved,” said Sen. Lisa Cutter, D-Jefferson County, sponsor of Bill 4. “The more we can do to aid in the healing and recovery of folks in the criminal justice system, the better. That’s why I’m sponsoring legislation to bolster behavioral health resources for people incarcerated in jails and ensure they’re getting the support they need, when and where they need it.”
“Without the correct treatment, medication and support – the mental and behavioral health of those in the criminal justice system can rapidly decline,” said Rep. Regina English, D-Colorado Springs, sponsor of Bill 1, 4, and 5. “The bills we passed today will help streamline services for our youth in the juvenile justice system, including treatment, rehabilitation and diversion, so they can spend time healing. Another bill we passed would extend behavioral health care services to those considered incompetent by a judge to ensure they’re receiving the treatment they need. This committee is focused on reducing recidivism and bringing the support directly to the people who need it the most, and I believe these bills bring us closer to that reality.”
Bill 1, sponsored by Sen. Michaelson Jenet, Rep. English, and Rep. Mary Bradfield, R-El Paso County, aims to support Colorado youth in the juvenile justice system by streamlining services. Specifically, this bill would improve juvenile justice diversion services, rehabilitation, the competency process and establish presentence credits. Bill 1 would also establish a community grant program to implement a mixed-delivery system of trauma-informed health and development deflection programs for youth. The goal of Bill 1 is to boost community intervention before youth become involved in the juvenile justice system, provide youth with better mental and behavioral health care resources if they are in the juvenile justice system and streamline support services.
Bill 4, sponsored by Rep. English, Rep. Bradfield, and Sens. Michaelson Jenet and Cutter would roll existing grant program funding in the Behavioral Health Administration (BHA) to provide complementary behavioral health services to Coloradans in jail. Bill 4 aims to improve behavioral health outcomes for Coloradans in jail by connecting them with the services, support and treatment they need on-site.
Bill 5, sponsored by Sen. Michaelson Jenet, Rep. English, and Rep. Bradfield would help connect Coloradans in the criminal justice system with the behavioral health care services they need, specifically if they are considered incompetent by a judge. This bill would clarify what courts must consider when setting bail for defendants declared incompetent to proceed. Additionally, under this bill, defendants would receive inpatient services from the Colorado Department of Human Services (CDHS) for additional time after charges are dropped. If criminal charges are dropped against a defendant receiving inpatient services from the CDHS, the bill would allow the defendant to receive inpatient services for an additional 90 days.
The committee also advanced two other pieces of legislation, including two more bills to create a crisis subcommittee and update technical language surrounding a ruling of Not Guilty by Reasoning of Insanity.
The bills will now go to the Legislative Council for approval before being introduced next session. Once introduced in the 2025 session, interim bills will follow the standard legislative process.